Kiwifruit claimants cross-appeal after High Court Psa decision

Kiwifruit claimants are cross-appealing after MPI appealed against a HIgh Court decision over the Psa incursion. Picture/Northern Advocate.

A cross-appeal has been filed today by the Kiwifruit Claim over the landmark decision, which found MPI was negligent in letting the devastating bacterial disease Psa into New Zealand.

Kiwifruit Claim chairman John Cameron is calling on the Government to accept the High Court decision in June which found that MPI was responsible for the Psa outbreak.

He said in a statement growers have been left with no choice but to cross-appeal after the Crown decided to appeal following its loss.

"We were gutted with the Government's move to appeal, it was devastating to growers," he said in a statement.

"We are confident in the High Court's decision, and believe the Government is taking a massive risk in appealing the Judge's clear findings.

"Enough is enough - it's time for MPI to accept full responsibility. The Psa incursion caused significant losses to many growers and others and could easily have been avoided if MPI had done their job properly," he said.

The cross-appeal filed today challenges the decision that the Government did not owe a duty of care to NZX-listed Seeka - a co-claimant - as a post-harvest operator.

The cross-appeal would also confirm that MPI was negligent when they failed to inspect the shipment of banned kiwifruit plant material, infected with Psa, when it arrived from China.

"We remain committed to fighting the Government and MPI for growers to be properly compensated for the losses MPI has caused," he said.

Cameron said the claimants had offered to settle this case but that the Government had declined numerous approaches.

MPI said last month that it was appealing the High Court's decision.

The Crown appeal sought to clarify the scope for government regulators to be sued in negligence, MPI said.

MPI said the High Court's finding traverses events dating back 12 years, pre-dating the establishment of the Ministry.

"New Zealand enjoys a high level of freedom from the most damaging pests and diseases as a result of the diligent actions of MPI officers, importers and others," MPI said then.

"No biosecurity system in the world can prevent every pest incursion from happening, which is why our ability to manage risk offshore and respond to incursions if they occur are critical parts of the biosecurity system," it said.